General Terms and Conditions of Sale
This document is the contract with the general terms and conditions of sale that regulate the use of the website factoys.com (hereinafter "THE WEBSITE") and establish the rights and obligations of the users of the website (hereinafter "THE CUSTOMER") and Equipo Factor, S.L., a Spanish company with registered office in Terrassa, Barcelona, Fra Bonaventura Gran, 9 local A 08224, with CIF B64877038, registered in the Mercantile Registry of Barcelona, Volume 40546, Folio 12, Sheet No. B-366861 Entry 1 (hereinafter "FACTOYS") in reference to the products and services offered on the website.
The customer must carefully read and accept this agreement before using the website. If the customer does not agree or cannot fulfill any of the obligations of this agreement, they must leave the website and refrain from placing an order.
Article 1. Of legal age
1.1. The Customer declares that they are of legal age and have the legal capacity to act. If the Customer is not of legal age under the laws in force in their country of residence, they must leave and refrain from using the Website.
Article 2. Prices
2.1. All prices for products and services on the website include all taxes. Product prices do not include shipping costs.
2.2. The minimum order amount is 19 euros, including taxes.
2.3. All prices for products and services on the website are expressed in euros. The customer may use the currency conversion function. This function uses the exchange rate between the euro and the other currency to perform a currency conversion for information purposes. The valid price will always be the one expressed in euros.
2.4. Factoys reserves the right to change prices at any time and for any reason. Offers with an end date indicate an end date for the offer for informational purposes only, but do not constitute an obligation on Factoys to maintain the offer until the indicated date.
2.5. When placing an order, the valid price will be the one offered on the website at the time of placing the order, and not any other price that may have been offered at an earlier time.
Article 3. Placing an order
3.1. An order is a purchase order in which the customer requests from Factoys one or more products from the website's catalog of available products at the price offered at the time of placing the order.
3.2. Once the customer has accepted the offer, Factoys will send the customer an email, to the email account provided for this purpose, confirming acceptance of the offer.
3.3. By placing an order, the customer declares that he or she fully and unreservedly accepts this entire contract.
3.4. The customer retains the option to terminate the agreement and cancel the order until the order confirmation email is sent.
3.5. If the customer has provided incorrect or incomplete information when placing the order, which could delay or prevent delivery of the goods, Factoys reserves the right to delay fulfillment of its obligations until the correct information has been received.
3.6. Factoys reserves the right to terminate this contract and cancel the order if there are reasonable grounds to believe that the customer is acting in bad faith for any reason or that the customer may not fulfill his or her payment obligations, or that the shipping company may not be able to fulfill its obligations to deliver the goods, including, but not limited to, suspicions of payment fraud, failure to respond to requests for information necessary for the delivery of the goods, incomplete, erroneous, or manifestly false delivery information.
3.7. Factoys reserves the right to terminate this contract and cancel the order if, for reasons beyond Factoys' control, the actual cost of delivering the goods exceeds the delivery cost offered to the customer by more than €5, including taxes.
Article 4. Creating an account
4.1. When placing an order, the customer has the option to register an account to facilitate the placement of subsequent orders.
4.2. To register for an account, the Customer must choose a password, which, along with their email address, they must enter on the Website when they wish to access their account. The Customer is solely responsible for choosing a sufficiently secure password.
4.3. The Customer must keep their login password strictly confidential. Factoys is not responsible for the misuse of login information and is entitled to assume that any user logging into the Website is actually the Customer. All activities conducted through the Customer's account are the Customer's responsibility and risk.
4.4. If the customer knows or suspects that their login details have been compromised by unauthorized persons, they must change their password immediately and inform Factoys.
4.5. If the customer forgets their password, they have the option to recover and change it by email. Factoys never stores or accesses customer passwords.
Article 5. Availability
5.1. In the event that any of the products in the order are no longer available at the time of processing the order, Factoys reserves the right to cancel the order for the out-of-stock product and refund the amount paid for it. Without prejudice to the foregoing right, Factoys will attempt to find an available product with identical or very similar characteristics and, if found, will send an email to the customer informing them of the suggested replacement, which will not represent any additional cost to the customer. If within 24 hours of sending the email, the customer has not expressed their acceptance or rejection of the replacement proposal, said proposal will be deemed accepted. Once the proposal has been accepted, expressly or tacitly, Factoys will proceed with processing the order, which will include the replacement product. If the customer expressly rejects the replacement proposal, the order for the out-of-stock product will be deemed canceled, and the price paid for it will be refunded.
5.2. In the event of cancellation of a product order due to lack of availability, Factoys cannot guarantee that it will be available again in the future. Should the product become available again in the future, Factoys reserves the right to modify the price as provided in Article 2, without the customer being able to claim any rights over previous offers.
Article 6. Payment
6.1. To complete the order, the customer must pay the total amount using a VISA, MasterCard, or American Express bank card or via PayPal.
6.2. Once payment has been made, Factoys will send the customer an email, to the email address provided, informing them that the purchase and payment have been successful and that the order will begin processing.
Article 7. Shipping and delivery of the order
7.1. Factoys ships to almost all countries within Europe. Customers can check the delivery option and shipping costs before placing their order by entering their delivery address.
7.2. In some countries, delivery to a store or locker may also be available.
7.3. Shipping costs will always be borne by the customer.
7.4. Factoys reserves the right to use the transport company it deems most appropriate for each delivery.
7.5. Factoys will process orders within a maximum of 9 business days. Once processed, the customer will be sent an email informing them that their order has been shipped. The estimated delivery date will be 1 to 5 business days from receipt of this email.
7.6. The estimated delivery times announced on the website may be subject to change due to causes beyond Factoys' control, and are in no way binding or guaranteed.
7.7. The shipping company may deliver at any time of day, Monday through Friday, from 8:00 a.m. to 8:00 p.m. The customer cannot decide the time slot in which the goods will be delivered.
7.8. Delivery is considered complete upon delivery of the goods to the customer by the transport company, and will be confirmed by the control system used by the transport company.
7.9. If, within 21 business days of placing the order, the customer has not received the goods for reasons not attributable to the customer, the customer may terminate this contract.
7.10. In the event of a return of the package due to reasons attributable to the customer, the customer must pay the outbound shipping costs, the return shipping costs, and a €10 handling fee.
Article 8. Information and description of the products
8.1. Factoys undertakes to describe the products for sale on the website as accurately as possible and to provide as much information and photographs as possible so that the customer can make an informed purchasing decision.
8.2. Factoys reserves the right to use generative artificial intelligence tools to create product descriptions and their respective translations.
8.3. The client exempts Factoys from all liability and waives any right to claim any compensation for any possible lack of information, errors or inaccuracies in the description of the products, translation errors, or errors arising from the use of generative artificial intelligence, including, but not limited to, errors in the measurements, weights, or colors of the product, errors in the list of ingredients, errors in sizing, material, or composition, hallucinations of generative artificial intelligence, errors in the characteristics or functionalities of the product.
8.4. If, upon receiving the purchased merchandise, the customer believes that it does not meet their expectations or conform to the description, they may exercise their right of withdrawal, if applicable, as set out in Article 9.
Article 9. Right of withdrawal
9.1. The customer has the right to withdraw from this contract within 14 calendar days from the date of receipt of the goods without providing any reason. To exercise the right of withdrawal, the customer must notify Factoys of their intention to withdraw from this contract via the contact form before the expiration of the 14-calendar-day period.
9.2. Once the withdrawal notice has been received, Factoys will send the customer the Spanish postal address for return shipments. The customer must deliver the merchandise to this address without undue delay and, in any case, no later than 14 calendar days. The customer will bear the full cost of returning the merchandise.
9.3. Upon receiving the merchandise and verifying that it is in the same condition as when it was sent, Factoys will refund all payments made by the customer, including shipping costs, without undue delay and, in any case, no later than 14 calendar days. The refund will be made using the same payment method used by the customer for the initial transaction, unless both parties agree on another method of refund.
9.4. If a product arrives in a condition different from that in which it was shipped, including, but not limited to, open or damaged packaging or missing components, the amount paid by the customer for said product will not be refunded.
9.5. The right of withdrawal does not apply to contracts involving the purchase of perishable goods, goods specifically customized for the customer, books, films, and goods that are not suitable for return due to health or hygiene reasons and that have been unsealed after delivery or are not factory sealed, including, but not limited to, sex toys, lingerie, intimate hygiene products, and sexual products.
Article 10. Guarantee
10.1. The warranty period for the products will be 3 years from the date of delivery.
10.2. If the product does not work or stops working during the warranty period, the customer must contact Factoys via the contact form and request warranty processing, providing as much information as possible about the problem.
10.3. Upon receiving a warranty processing request, Factoys will attempt to resolve the issue remotely and, if deemed necessary, will request photographs or videos of the problem from the customer. If Factoys deems the customer's complaint justified, it will send the customer a proposed solution, which may include product replacement or compensation with a refund. The maximum compensation will be equal to the price paid by the customer for the product.
10.4. If a warranty processing request cannot be resolved through an agreement between both parties, Factoys will request the customer to deliver or send the product to a warranty collection and processing point in Spain for evaluation. Any costs incurred in returning the product for warranty processing evaluation will be borne by the customer.
10.5. If, after evaluating the warranty processing, Factoys determines that all warranty application requirements are met, the product will be repaired and, if repair is not possible, replaced, and if replacement is not possible, refunded.
10.6. Factoys will resolve all warranty requests within a maximum period of 60 calendar days from the date of delivery of the product for evaluation of the warranty process.
10.7. In the event of product repair or replacement, Factoys will make the repaired or replaced product available to the customer, free of charge, at the same collection and warranty processing point in Spain where the product was delivered. Any costs incurred in returning the repaired or replaced product to the customer at a different location will be borne by the customer.
10.8. The warranty does not apply to products that are not delivered with all the accessories included at the time of purchase, including, but not limited to, cables, chargers, batteries, and controllers.
10.9. The warranty does not cover defects caused by negligence, impacts, improper use or handling, forced motors, inadequate maintenance, recharging with inadequate voltage, incorrect installation, use other than that specified by the manufacturer, or materials subject to wear and tear due to normal use.